LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ca.bhupendrashah (FCADISA)     25 June 2008

ARBITRATION

CAN A ELECTED COMMITTEE MEMBER OF INDIAN COUNCIL OF ARBITRATION ACT AS A LAWYER FOR ANYONE SIDE IN A CASE OF AD HOC ARBITINDIAN WHEN ARBITRATOR IS ALSO APPOINTED BY THE SAID INDIAN COUNCIL OF ARBITRATION?



Learning

 6 Replies

Kalpana.S (-)     26 June 2008

Unless the member has any personal interest in the case, I feel nothing illegal abou this appointment


(Guest)
I do not think so, because, bias is the moot question. Being an appointing authority for other arbitrations, can not be a lawyer for parties before his own forum. He can do it outside that arbitartion forum not within it.

Manish Singh (Advocate)     26 June 2008

no its not goin to be case of partial justice. It shall be valid even if challenged.  

Manish Singh (Advocate)     26 June 2008

no its not goin to be a case of partial justice. It shall be valid even if challenged.  

mintu (advocate)     14 July 2008

have to see laws/by-laws for MEMBER OF INDIAN COUNCIL OF ARBITRATION. If it is silent in this Regard then Unless the member has any personal interest in the case he can.

KANDE VENKATESH GUPTA (ADVOCATE)     21 July 2008

No certainly he cannot.  It amounts to appointing a judge to give decision in a dispute,  and requesting him to give finding  in favour of his client.  Principles of natural justice comes into play. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query